November 2021 Issue of HR Professionals Magazine by Cynthia Thompson

Volume 11 : Issue 11

www.HRProfessionalsMagazine.com

Open Enrollment Communications in the COVID Era

Arkansas Seeks

to Amend

President Biden’s

Mandate

Employee Benefits and Compliance Highlights

from the SHRM Fall Conferences

Katie

O’Neill,

DC. BS

OSHA

Emergency Temporary Standard

VP, Clinical Wellness Director McGriff

Tennessee

Medical Marijuana

International Presence. Local Knowledge. EMPLOYERS AND LAWYERS, WORKING TOGETHER Ogletree Deakins is one of the largest labor and employment law firms representing management in all types of employment-related legal matters. The firm has more than 900 lawyers located in 53 offices across the United States and in Europe, Canada, and Mexico.

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Features

4 note from the editor

Editor Cynthia Y. Thompson, MBA, SHRM-SCP, SPHR Publisher

The Thompson HR Firm, LLC Art Direction

Park Avenue Design Contributing Writers Christina Biddle Ashley Prickett Cutting Harvey Deutschendorf Cat Distasio Kimberly K. Estep Brad Federman LeeAnn Foster Tim Garrett Katherine Dudley Helms Ashley Li Meredith J. Maroney Craig Southern Faith Stipanovich Kathy Tuberville

Contact HR Professionals Magazine: To submit a letter to the editor, suggest an idea for an article, notify us of a special event, promotion, announcement, new product or service, or obtain information on becoming a contributor, visit our website at www.hrprofessionalsmagazine.com. We do not accept unsolicited manuscripts or articles. All manuscripts and photos must be submitted by email to Cynthia@hrprosmagazine.com. Editorial content does not necessarily reflect the opinions of the publisher, nor can the publisher be held responsible for errors. HR Professionals Magazine is published every month, 12 times a year by the Thompson HR Firm, LLC. Reproduction of any photographs, articles, artwork or copy prepared by the magazine or the contributors is strictly prohibited without prior written permission of the Publisher. All information is deemed to be reliable, but not guaranteed to be accurate, and subject to change without notice. HR Professionals Magazine, its contributors or advertisers within are not responsible for misinformation, misprints, omissions or typographical errors. ©2021 The Thompson HR Firm, LLC | This publication is pledged to the spirit and letter of Equal Opportunity Law. The following is general educational information only. It is not legal advice. You need to consult with legal counsel regarding all employment law matters. This information is subject to change without notice.

5 Profile: Katie O’Neill, DC, BS, Clinical Wellness Director, Vice President 8 SHRM’s Johnny C. Taylor, Jr., Announces New Book RESET Available Now 11 More Students Opting for Online Only 39 In Memory of SHRM Volunteer Leader, Ed Carpenter, SHRM-SCP 43 Congratulations to Patricia Smith, PHR!

Talent Management and Recruiting 12 The Hybrid Workforce Can be Unfair to Women

14 Move Beyond Denial and Cancellation: Build Bridges instead of Burning Them 16 Talking Turkey About Your Organization’s Background Screening Policy 18 HR Outsourcing 101 36 The Process of Preparing Future HR Leaders 44 Build It and They will Come and Stay! 46 How Leaders Can Use Emotional Intelligence to Connect with All Employee Types

Employee Benefits

24 Let’s Get Digital Communicating Your Benefits in a Virtual World 40 OSHA’s Upcoming Regulations Under Biden’s COVID-19 Plan 42 SHRM Study Finds Employer-Provided Benefits Have Dramatically Changed and Expanded During COVID-19 Pandemic 43 Living Your Best Life Means Having Life Insurance

Employment Law

17 2021 Wimberly Lawson Labor & Employment Law Update Webinar November 18 28 Tennessee Expands Medical Marijuana Law 29 32 Arkansas Seeks to Amend President’s Mandate 34 NLRB Announces Appointment of Five Regional Directors

Top Educational Programs for HR Professionals

9 4th Annual Supervisor and Manager Conference in Memphis November 19 10 New People Manager Qualification – SHRM’s PMQ Training 22 The Importance of HR Standards 26 Save the Dates for our November Webinars! 27 Your Unique Leadership Development Needs, Met 35 The Gold Standard for Professional Development 37 The Center for Workplace Diversity and Inclusion 48 WGU Tennessee HR Program Fully Aligned with SHRM Curriculum

Industry News

6 Highlights from the SHRMGA Conference at Stone Mountain September 22-20 20 Highlights from the ARSHRM Conference at Rogers September 29-October 1 30 Highlights from SOAHR2021 Conference in Atlanta September 27-29 38 SHRM Georgia State Council Announces Awards Recognition Program Recipients for 2021 December Issue features Compensation and Performance Management Plus Updates on Employee Benefits and Employment Law And the Latest on HR Management and the Pandemic Deadline to reserve space November 15 www.HRProfessionalsMagazine.com

a note from the editor

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4th Annual Supervisor and Manager Conference November 19 at the Crescent Club in Memphis. We have 12 fabulous speakers, and you will earn 11 HRCI and SHRM credits! You also have a chance to win 7 nights

We are so excited to have Katie,

at the Sandestin Golf and Beach

O’Neill with McGriff on our

Club. Includes breakfast, lunch

November cover! I know you will

and reception!

enjoy reading her professional

Our December issue will include the

profile on Page 5. Katie is Clinical

latest compensation and performance

Wellness Director and Vice President

management issues and solutions.

at McGriff. As part of the Specialty

Please mark your calendars and plan

National Practice, Katie works with

to join us November 30 for “Strategic

clients across the country, and is

Total Reward for 2022.” Watch your

familiar with the different regional

email for your invitation. If you are not

influences and how they can impact health.

currently on our email distribution list,

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on Subscribe.

please visit our website and click Wishing you and your family

many of the SHRM fall conferences that you have been looking forward to. In addition to the highlights in this issue, you can find exclusive

It’s not too late to register for our

Be sure to check out our November

video interviews with the conference

webinars all pre-approved for SHRM

leadership, the keynote speakers,

and HRCI recertification credits.

and some of the top concurrent

Our topics include “Medicare Open

speakers from each conference on

Enrollment-What That Means for Your

our Facebook page, www.facebook/

Workforce,” “Strategic Total Rewards

hrprofessionalsmagazine.com.

for 2022,” Top 5 Strategies for Leaders

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a lovely Thanksgiving season.

cynthia@hrprosmagazine.com @cythomps on Twitter

Katie O’NEILL on the cover

Katie O’Neill, DC, BS Clinical Wellness Director, Vice President Katie is a nature lover, and enjoys hiking and exploring the

Katie joined McGriff in 2018 as Practice Leader and Director of Clinical Wellness. As an experienced researcher, clinician, and consultant, she provides strategic direction and best

great outdoors. She also works in

practices for promoting better employee health and well-being. Katie has published and

animal rescue, in both fostering

presented on both the impacts and strategies for cost mitigation on topics such as obesity,

animals and helping community

chronic pain, and specialty medications.

efforts for spay/neuter programs.

Prior to joining the team with McGriff, she worked as a consultant for a national insurance

She is a firm believer that fitness

brokerage, providing clinical insights and solutions for clients across many industries and

pursuits have to be a passion

locations. As a practitioner, she worked in direct patient care, workers’ compensation cases,

and not a chore, and is active

and research projects for health and productivity. Using her diverse background and varied

in the Circus and Performance

experience, she is able to view employee health through many different lenses, to better

Arts community. She trains

understand the roadblocks employees face in achieving better health.

and performs on aerial silks, rope, hoop, and hammock and practices yoga.

As part of the Specialty National Practice, Katie works with clients across the country, and is familiar with the different regional influences and how they can impact health. She believes in a multi-faceted approach to well-being, including aspects such as safety and social determinants of health to help provide employees the best opportunities to improve their health status, which in turn, can greatly impact their overall well-being and productivity. Katie graduated from Life University in Marietta, Georgia, with a Doctor of Chiropractic degree and a Bachelor of Science in Biology. She currently resides in Atlanta, Georgia. 

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HIGHLIGHTS

4 1 Steve Brown, Chief People Officer for LasRosa’s Pizzeria, Inc., was the opening keynote speaker. His topic was “HR Rising.” 2 Brad Patterson, SHRM-SCP, SPHR, SHRMGA State Director-Elect; and Cheri Sale, SHRM-SCP, Emcees; welcomed the attendees. 3 Teela Jackson 4 2021 SHRMGA State Council

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5 Curtis Woody, SHRMGA State Council Director, and Gloria Sinclair Miller, SHRM Field Services Director, provided the SHRM National Update. 6 – 7 Dr. Timothy Williams and Doug J. Fine, co-presented “Two Friends Talk About Race.” 8 Mike Jones, Christine Taylor, and Scott Dust presented “Data-Driven Engagement and Learning Development.” 9 Work for Warriors Georgia helps the veteran community find new careers. 10 Dethra U. Giles, spoke on “New Essentials of Inclusion.” 11 Tricia Molloy, presented “Better Balance for HR Professionals.” 12 Ankur B. Patel, D.O. spoke on” Back Talk: A Real Discussion on Prevention.” 13 Claire Cronin, Partner with Constangy, discussed “Georgia Workers Compensation.” 14 “Keys to Navigating the World of Change” was the topic for (L-R) Tim Goody with AMBSE, Crystal Blackwell, with Staffing One, Darryl Ricardo Mattthews with NSBCPA, and Curtis Woody, Director of SHRMGA. 15 Allistair Edwards, VP of Business Solutions, with Legal Shield

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SHRM’s Johnny C. Taylor, Jr. Announces New Book RESET Available Now

At a pivotal moment for business, RESET outlines how organizations can redesign the workplace for a post-pandemic future The Society for Human Resource Management President and Chief Executive Officer Johnny C. Taylor, Jr., SHRM-SCP, announced that his new book RESET: A Leader's Guide to Work in an Age of Upheaval, (PublicAffairs; September 7th, 2021; ISBN: 9781541700437), is now available. RESET offers a candid, forward-thinking vision for leaders to reimagine company culture and presents data-driven strategies to make a foundational reset for work, workers and the workplace. Taylor's insight charts the path for businesses facing a new reality and serves as part call to action, part playbook for success to rebuild the modern workforce and meet today's extraordinary challenges. "Your biggest challenge isn't technology, innovation, or even leadership," writes Taylor. "It's finding, hiring and engaging the right talent to thrive now and in the future." As a sought-after expert and voice of all things work, Taylor is known for charting the way forward through both crisis and uncertainty. RESET envisions how to reshape the world of work and unleash untapped potential to strengthen the workforce and accelerate performance. In RESET, Taylor expounds, "We have all heard the old adage 'Never waste a good crisis.' I would offer a friendly amendment: 'Make constant reset your friend.' Upheaval brings about opportunities to rethink, reset, and restructure your organization." Under Taylor's leadership, SHRM has spurred innovative thought on how HR can empower business to meet the relevant challenges of social upheaval and global crisis. "RESET is an indispensable manual for every manager, leader and team member," says Laszlo Bock, CEO of Humu and former chief people officer at Google. "Tackling the thorniest issues of talent and culture, Johnny Taylor provides a clear, practical roadmap for leading your organization into the future." RESET is now available in hardcover, ebook, or audio via major book retailers. All proceeds go to the SHRM Foundation.

To learn more, please visit reset.shrm.org.

www.HRProfessionalsMagazine.com

ABOUT THE AUTHOR: Johnny C. Taylor, Jr., SHRM-SCP, is President and Chief Executive Officer of SHRM, the Society for Human Resource Management. With over 300,000 members in 165 countries, SHRM is the largest HR professional association in the world, impacting the lives of 115 million workers every day. As a global leader on the future of employment, culture and leadership, Mr. Taylor is a sought-after voice on all matters affecting work, workers and the workplace. He is frequently asked to testify before Congress on critical workforce issues and authors the weekly USA Today column, "Ask HR." Mr. Taylor's career spans over 20 years as a lawyer, human resources executive and CEO in both the not-for-profit and for-profit space. He has held senior and chief executive roles at IAC/Interactive Corp, Viacom's Paramount Pictures, Blockbuster Entertainment Group, the McGuireWoods law firm, and Compass Group USA. Most recently, Mr. Taylor was President and Chief Executive Officer of the Thurgood Marshall College Fund. He was appointed chairman of the President's Advisory Board on Historically Black Colleges and Universities and served as a member of the White House American Workforce Policy Advisory Board during the Trump Administration. He is a Trustee of the University of Miami, Governor of the American Red Cross, and member of the corporate boards of Guild Education and iCIMS. He is licensed to practice law in Florida, Illinois and Washington, D.C. ABOUT SHRM SHRM, the Society for Human Resource Management, creates better workplaces where employers and employees thrive together. As the voice of all things work, workers and the workplace, SHRM is the foremost expert, convener and thought leader on issues impacting today's evolving workplaces. With 300,000+ HR and business executive members in 165 countries, SHRM impacts the lives of more than 115 million workers and families globally. Learn more at SHRM.org and on Twitter @SHRM.

Co-Hosts

Co-Emcee Judy Bell, SHRM-CP, PHR, CPBA, CPVA

Dr. Kathy Tuberville, SHRM-SCP, SPHR

Judy Bell Consulting IN PARTNERSHIP WITH

VP Programs, SHRM-Memphis University of Memphis

Ethics, Values, Integrity

Co-Emcee Dr. Deneen Lester, SHRM-CP, PHR, IPMA-SCP

LeeAnn Bailes Foster

4th Annual

CEO of Team Foster HR Strategy

SUPERVISOR AND MANAGER CONFERENCE at The Crescent Club Memphis

Human Resources Manager, Salvation Army Kroc Center West Tennessee District Director, Tennessee State Council of SHRM

5 Principles of a Healthy Organization

Brigette B. Wilson, MBA, MA-HRM, CVA

Cynthia Y. Thompson, MBA, SHRM-SCP, SPHR

President, SHRM-Memphis

November 19, 2021 7:30 AM to 5:00 PM

Keynote Speakers

The Digital Divide and Its Impact on Today’s Businesses and Employers

Re-engaging With Employees Post-Pandemic

The Change Management of Today Won’t Work Tomorrow

Dr. Kimberly Estep, Chancellor

Janie Warner, SHRM-SCP

Brad Federman, CEO

WGU Tennessee

VP National HR Practice Leader

PerformancePoint LLC

Strategies to Embrace DEI in the Talent Lifecycle

Gain a Competitive Advantage by Creating a Learning Culture

The Biden Administration’s Employment Law Agenda: the first 100 days and beyond

Susan Hanold, PhD

Dr. Trish Holliday, SHRM-SCP, SPHR

Frank Day, Attorney

VP, ADP Strategic Advisory Services

Holliday | Kenning

FordHarrison

Breakout Speakers Caitlin Porter, PhD

Tammy Henry, VP Client Success

University of Memphis

Data Facts, Inc.

How Leaders can Disrupt the Spread of Turnover

Julie Henderson, VP Sales Data Facts, Inc.

Dan N. Norwood, Attorney Working Boomer Advocate

Background Screening Industry Update Age Discrimination in Employment

Breakfast and lunch included Networking Reception 5 PM Meet the speakers and get answers to your questions.

Win 7 Nights @ Sandestin Golf and Beach Resort

11 SHRM and HRCI Recertification Credits (Includes 1 HRCI Ethics Credit)

Miramar Beach, Florida Value = up to $3,000.00 Contact LeeAnn Foster at leeann@teamfosterhrstrategy.com to schedule.

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More Students Opting for Online-Only PostSecondary Education in Response to COVID-19 By KIMBERLY K. ESTEP

the onset of the COVID-19 pandemic, it was clear that the traditional structures and rhythms of higher education were in for extreme disruption. Schools scrambled to create workable distance-learning options for students, faculty and staff quickly adapted to the new situation, and we all entered “hurry up and wait” mode toward an uncertain future. While the vaccines have made in-person classes safer, the pandemic has caused many institutions to think about diversifying their program offerings. Everyone knew that things were changing, but the extent of the change, not to mention whether the change would be permanent, was unknown. Now we have a somewhat clearer picture, and schools are having to figure out how to adjust to a world in which more and more students are opting for distance education. It’s still unclear whether the changes in higher education brought on by the pandemic will be permanent, but as Doug Lederman reported for Inside Higher Ed last month, “A first step, though, is getting good data on how patterns shifted during the last year -- and that is beginning to arrive.” According to data collected by the National Council for State Authorization Reciprocity Agreements (NC-SARA), a nonprofit organization that sets national standards for postsecondary online education administered across state lines, 2020 saw an increase of 93% in the number of students enrolled exclusively online. We now know what postsecondary education in 2020 looked like, and while it’s not a surprise per se, it does highlight in official terms just how massive and overwhelming these shifts were. No doubt, these pandemic-forced trends will give way to new kinds of thinking about higher education. While a four-year, traditional university experience is a good fit for some, the pandemic revealed, in part, that much of the time spent on and many of the

associated costs for higher education are avoidable. This is particularly true for adult learners, most of whom are balancing jobs and families while pursuing a degree. Nearly 70% of full-time one-year MBA programs in the U.S. reported growth in applications during the pandemic, according to the Graduate Management Admission Council’s application trends survey. Clearly, people want to get a degree, they want to get it from a reputable institution, and they want to get it quickly. The institution for which I serve as Southeast Regional Vice President, Western Governors University (WGU), now offers a one-year MBA program (all our degrees are 100% online). In fact, approximately 40% of WGU’s MBA students already earn their degrees within a year, saving money and accelerating their career. WGU’s tuition is around $9,000 per year, and on average our MBA graduates increase their salary $16,200 upon completion of their degrees. That’s more earnings in less time for far less cost than a traditional program. As institutions of higher learning, and as professionals more broadly, it will be crucial in the coming months and years to pay attention to the trends and changes brought about by COVID-19, and to adapt. It is likely that these past 18 months have forever transformed higher education in the United States. And now, seeing that it’s possible to earn degrees with less disruption to work, home life and personal finances, students (and potential students) are asking for education options that meet their needs rather than remaining content with the status quo.

Dr. Kimberly K. Estep

Chancellor | WGU Tennessee Tennessee.wgu.edu

www.HRProfessionalsMagazine.com

The Hybrid Workforce Can Be Unfair to Women By CAT DISTASIO

Women with children are twice as likely as men to prefer working from home, and they are also less likely to receive a promotion or pay increase while working remotely. Here's what employers can do to resolve issues of gender inequity in a hybrid workplace. Of the many lessons learned during the pandemic, the value and practicality of remote work is near the top of the list. With many large employers committing to more permanent remote work schedules and others rapidly creating policies and practices catered to both remote employees and employees working on site, it's clear that the workforce of the future is hybrid. However, while a hybrid workplace may come with numerous benefits, it could also present some challenges — especially for women with children.

Working women with children are more likely to prefer remote work According to Harvard Business Review, working women with children are 50% more likely to prefer working from home than men. Working mothers may prefer remote work for many reasons, with the foremost being the opportunity for better work/life integration. The proportion of women to men working remotely isn't the problem; the concern is how the new hybrid workplace could create more opportunities for existing bias to harm women and present new barriers to success. In the same research, HBR found that remote employees had a 50% lower rate of promotion compared to their colleagues working in the office, which suggests that women working remotely with children at home may be at risk of falling even further behind in the business world.

Pay and promotion gender gaps could grow This isn't just predicted to happen — it's happening now. During the pandemic, 34% of men working remotely with children at home received a promotion, compared to just 9% of women in the same situation, according to a study by Qualtrics and theBoardlist. The same study found that, among remote workers, men received a pay increase twice as often as women, at a rate of 26% compared to 13%. Employers bear the responsibility for investigating these inequities and ensuring that women are not being passed over for advancement for reasons unrelated to work performance and potential.

Hybrid workforce dynamics could allow inequities to pervade The possibility of in group/out group culture presents concerns for all people working remotely. In organizations where these attitudes and behaviors are allowed to prevail, women will face greater challenges around being heard in meetings, becoming involved in important projects, and maintaining the same access to leadership opportunities that their in-office counterparts enjoy. These issues are particularly important in the current business setting, where data shows that men are overrepresented in senior leadership positions that were barely affected by COVID-19. 12

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If your organization's leaders aren't watching closely for signs of trouble, the hybrid workplace could make it easier for people to exercise bias against women, people of color, members of the LGBTQIA+ community or anyone else whom they don't view as equal. Committing to understanding why women were impacted so much more by the global health crisis can help employers develop practices and policies that improve circumstances and outcomes for women in the workplace. Sharing ideas between organizations and industries to help identify new strategies for supporting women's advancement will undoubtedly be integral to these efforts. That was precisely the aim of the recent Women@Work virtual summit hosted by ADP during which experts and leaders addressed the tough issues women face and shared advice for organizations aiming to promote gender equity.

How employers can protect women working remotely Employers need to take a proactive approach to preventing and solving issues for women employees whenever possible. Begin by auditing remote work policies and practices to look for implicit bias and opportunities for abuse. Use regular check-ins with all employees to gain a real understanding of team dynamics as well as the feelings and concerns of individual team members. Ask each employee what kind of support they need to bring their best self to work. Providing this support could be as complex as offering more flexible working hours or as simple as not requiring video on conference calls. Most importantly, be prepared to act on what you learn. Outline clear consequences for anyone violating the rules, and be transparent and proactive about providing additional support for employees who are feeling excluded. If your culture includes an expectation of equity regardless of work status or location and you lead with that mindset, people will be more likely to follow your example. Those who have concerns will also feel more secure and safe about speaking up if they know their complaints will be heard and taken seriously. In many workplaces, attitudes are shifting in ways that have the potential to improve working conditions for women — and, indeed, for all working parents. ADP's Chief Economist, Nela Richardson, spoke with CNN's Christine Romans during the Women@Work conference, and they agreed that employers now have a greater appreciation for the mental health and family needs of employees than they did before the emergence of COVID-19. "The way we think about work is changing," Richardson said. "As soon as you had men start leaving work early to pick up the kids, it changed the culture and became more accepted." The shift toward greater understanding and appreciation of workers' needs is inspiring many employers to launch wellness programs, find ways to offer childcare support and increase flexibility for employees with families.

Ensuring an equitable workplace every day Building a diverse workforce where each employee feels safe and confident must be an ongoing process. Employers bear the responsibility of examining their policies and practices, remaining on the lookout for early signs of issues and taking swift action to remedy problems once they are identified. Ensuring an equitable workplace is as much a cultural issue as it is a procedural one, and it will require leaders to spend quality time getting to know each employee to understand what is important to them. As the hybrid workplace becomes an essential aspect of business, it's more important than ever to pay attention to the experience of women who work remotely with children at home to ensure that they can continue to contribute equally to the success of your business.

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MOVE BEYOND DENIAL AND CANCELLATION:

Build Bridges instead of Burning Them By BRAD FEDERMAN

These days it feels like many people are denying that racism exists, while others see racism in almost anything. We see people that rationalize their hatred, and people who search and destroy those that have made a mistake even 20 to 30 years ago regardless of who they have become today. We use to have real conversations. We worked to make progress. Not anymore. Sure, it wasn’t easy. Most places of work reflect a few people. We call that a dominant culture mindset. Whenever a dominant culture mindset exists, certain people are left out and excluded. It takes time to get to an intercultural mindset. An intercultural mindset reflects an inclusive environment, where people from different backgrounds feel safe, respected and valued. An intercultural mindset is one that pushes itself to create equity for all. Moving from a dominant culture mindset to an intercultural mindset is usually a messy process. You will see folks not recognize an issue even exists. We call that a blind spot. Sometimes you will see denial which is related to willful ignorance or an emotional response designed to protect people from discomfort. Polarization is another reaction in the journey; polarization occurs when someone judges the differences in people in a negative manner in an effort to remove credibility to their concerns. Minimization is yet another reaction, when the majority may deemphasize differences and is used to remove the weight of a minority’s concerns. As you get closer to an intercultural mindset, you will notice people enter the acceptance stage. When people enter this stage they begin to truly comprehend the difference(s) that exist and how those differences impact those that are not part of the dominant culture. Adaptation is the stage that reflects inclusion and equity. During this stage people and institutions make changes to bridge the difference and create a more equitable environment. We saw these stages play out across the country with women and the workplace. For the longest time women did not work outside of the home, and if they did, they were part of a small percentage. Our society 14

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would not accept women as workers. Even the jobs available to them were limited and their choices were constrained. Despite the obstacles, more women entered the workplace and some significant events such as war created a catalyst and space for more women to enter the workplace. Women faced much discrimination along the way. Certain jobs were unavailable to them. Pregnancy and childcare related issues were held against them, causing them to struggle to rise up the ranks. Harassment and assault awaited them in the workplace, with some companies even using sex systemically for the benefit of male executives’ pleasure. Now we have policies, laws and benefits that we utilize to create a fairer and more inclusive work environment. It has taken decades -- however you could make the argument that it took over a century -- for our workplace to change. And yet, we still have a ways to go: • More than half of the US population are women, but only 6.6% of all Fortune 500 companies have women CEOs. • While women account for 39% of global employment, they experienced 54% of job losses during Covid. • 40% of people believe women face a double standard. • Only 23% of executives are women. Making progress, even slow progress, is positive. Sure, we would like to see faster change. But at least progress is progress. Unfortunately we are starting to see some back sliding. We are seeing increased divisions. We are fracturing as a society and our workplaces are no exception: • Diversity job openings fell 60% during Covid. • 76% of companies have no diversity or inclusion goals at all. • Only 22% of respondents believe their organization's DEI efforts have raised awareness among employers, customers or suppliers.

• S ignificant backlash has occurred because of missteps by companies regarding these efforts. •O nly 17% of workers support increased recruiting of underrepresented racial and ethnic groups. We are also seeing similar backsliding in other aspects of our lives: • 8 4% of flight attendants have dealt with unruly passengers in the last year. •O ver 3,600 complaints were made to the FAA regarding unruly passengers in eight months almost doubling the 12 months prior. • 7 7% of Americans have stress levels that impact their health. • We have seen a 34% spike in antianxiety drugs. • Th ere has been a 14.8% increase in prescription sleep medications. What is causing the outbursts we are seeing and the breakdowns in our lives? There are several forces at work. We have a faster pace of life and we have lost boundaries between work and personal life due to technology. We are seeing significant shifts in demographics as we now have five generations in the workplace. Our political and economic stability has lessened over the years. Norms are disappearing and changing, causing confusion for some and loss for others. Our media is built for ratings, not news, creating sensationalized stories and encouraging heightened emotional reactions. We have just been through a year and half of a health crisis, economic crisis and racial strife. On top of all of that, we are experiencing change at an exponentially faster pace. People’s worlds are becoming unrecognizable and that will only continue at a more rapid rate. Those types of changes create emotional reactions. Typically, people see challenges like the ones above as threats or obstacles. Those reactions drive emotional responses such as fear and anger. Fear leads to a desire for an escape or a desire for safety, which is why people deny issues even when the

evidence says otherwise. In the case of anger, people typically respond by attacking people and ideas as well as attempting to destroy obstacles. This reaction leads to things like cancel culture -- and worse. What we are seeing is a loss of emotional intelligence. In fact we have seen a drop in emotional intelligence since 2011. People are reacting and succumbing to their emotions rather than utilizing them. It is why we are seeing news stories like: • A Kansas University student tweeting a message of “Death to America” on 9/11 and then telling anyone that is upset that it is because they are a racist; or

What does this have to do with DEI? Everything. DEI is all about emotions. Discussing issues like privilege, micro aggressions and more is very emotional. People feel victimized, guilty, ignored, defensive and more. How can we push for dialogue and change when we are this fragile? Learning and change is an uncomfortable process that requires vulnerability, empathy, stability, and strength. It requires being soft on people and hard on the problem. In order to drive these discussions productively we need to make sure our people have some basic skillsets including: • Resilience • Emotional Intelligence

• A group of Texans putting a hostess in the hospital because the restaurant followed the Covid policy.

• Conflict resolution

People are not choosing wisely. We have seen families torn apart because of politics. The idea that parents and children no longer have relationships and no longer celebrate holidays together because they chose to vote for a different candidate is very concerning and becoming more commonplace.

These are the building blocks to creating an intercultural mindset. Without these building blocks, we can and will create more problems, not less, when we engage in many DEI efforts. To what degree have you invested in your employees to build these foundational skills? We have seen DEI

• Dialoguing Skills • Self-Awareness

experts bring their own baggage into a room and make the session about them instead of about learning. We have seen experts open up deep seated wounds when they lack the time to help a team heal, causing bigger problems after an intervention. Recently a large well-known company came under fire for adopting a course that asked “Caucasians to be less white.” These are all mistakes that occur when DEI is not strategic and takes on a life of its own. DEI is about understanding people’s different life experiences, developing empathy, and working together to address real problems that everyone has accepted and desires to address. Isn’t it time we do the real work first? We must help our employee population gain the necessary skillset to have real conversations. We must get past denial and cancellation. Learning and progress don’t exist within fear and anger. We all win when we use emotions to build bridges rather than burn them down.

Brad Federman, CEO

PerformancePoint LLC bfederman@performancepointllc.com www.performancepointllc.com

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TALKING TURKEY

About Your Organizations’ Background Screening Policy

As we finish out the year, HR pros know they must set aside some time to review business practices and make sure they have the best hiring process possible going into the New Year. After all, most companies are struggling to hire and keep employees, so the candidate experience is more important than ever. Failing to thoughtfully examine your policy and the steps you take to interview, screen, and hire candidates puts your organization at risk. Outdated processes that are not in compliance with the numerous new laws passed in 2021 open your company up to missing the best job candidates. Incomplete policies can result in costly litigation.

By LISA MAY

Decide who you want to screen, what you need to know about each job applicant, and which tests or verifications you will order on each person. A written policy outlining this plan is essential. Train every employee involved in your hiring process on the importance of using it consistently.

Be Suspicious It’s a documented fact that about half of all resumes and job applications contain a mistruth. They can range from lying about a criminal history to fudging dates of employment to creating fictitious references. Don’t assume you can sniff out exaggerations, or complete whoppers, just by interviewing the person. Look at resumes with a critical eye and verify all the information that that is relevant to the position.

It’s vital that HR pros review and refresh their company’s background screening policy.

Speaking of relevance…

HR professionals must evaluate these five questions for background screening to be effective:

Make It Relevant

1: Is our background screening policy telling us what we need to know? 2: Is the process structured to fit the job the applicant is being screened to fill? 3: Does the test provide protection against hires that may be unqualified, unfit, or violent? 4: Have we made sure it is fair and does not discriminate? 5: Do we have measures in place that follow the regulations the FCRA and the state and local laws demand? So, let’s talk turkey about your background screening policy and procedures! Be Consistent Haphazardly screening job candidates based on a “gut feeling” or how much time you have is not going to give you a clear picture of every applicant. It also sets your company up to be libel in discrimination lawsuits. 16

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Consistency is vital, but not every position in the company needs to be screened in the same manner. A person who is applying as a heavy machinery driver may not need a credit check, but they would need a drug test. On the other hand, a top-level executive may very well need a credit check, along with an in-depth reference check and thorough employment verification. Defining the screening tools needed for each position in your company proactively maintains practices that are effective and not discriminatory.

Make It Complete The cost of hiring the wrong person and then letting them go is conservatively estimated at 25% of their annual salary. This doesn’t even add in the damage an unqualified person could potentially cause to your relationships with your customers and vendors, the morale of your top-performing employees, and your brand’s reputation. The bit of extra time it takes to conduct a comprehensive background check and verify all their information can be a big return on investment in protecting the company from a bad hire.

Make It Accurate The information retrieved on the candidate is only as accurate as the person who found it for you. Do not try to have someone in your office perform the background check. Hiring an experienced background screening company to handle this for you should be a top priority in establishing an effective policy. Choose a company that has been in business a long time, that is accredited by the Professional Background Screening Association (PBSA, formerly NAPBS), and that has licensed private investigators on staff. Be Compliant Many states and cities are enacting individual laws and regulations that govern hiring. Make sure you are well-educated on your state’s laws. Follow any ban-the-box regulations and limitations on using salary history and credit reports as part of the hiring process. Also know how to handle the situation if information is returned from the background check that causes you to not hire the potential candidate. Sending out a pre-adverse action letter, giving the applicant a chance to tell his or her side of the story, and then, after a decent period of time, following up with a final adverse action letter is crucial in maintaining a compliant, lawful hiring process. Follow this plan every single time. An effective background screening policy is an integral part of a safe and successful hiring process. It’s important to have a set standard in place and revisit the policy periodically to maintain its positive impact on the workplace. A set background screening policy is a strong stepping-stone toward a safe and secure workplace. And that is a big reason to be thankful! Gobble Gobble!

Lisa May

Senior VP of Strategic Solutions lisa@datafacts.com www.datafacts.com

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Whether you have an in-house HR team that’s wrestling with an increased workload, or you own a small business that doesn’t yet have a formal HR function, outsourcing introduces a high degree of flexibility for your organization. Some of the key benefits of outsourcing include: • Improved Scalability – As your business demands evolve, you may need access to HR resources on an episodic basis. Common scenarios include benefits administration support during open enrollment, recruiting and onboarding services during periods of high growth, periodic salary surveys to ensure you’re paying market competitive rates, and other similar scenarios. Such activities might overload your existing team or require expertise you don’t have in-house but bringing on full-time employees to meet these needs would be impractical. Outsourcing provides the support you need “on demand.” • Decreased costs – As with many outsourced functions, leveraging an HRO to support your personnel needs can yield significant cost savings . . . both today and tomorrow. There’s the immediate return of providing valuable services to your business without incurring the time and expense typically associated with recruiting, hiring, training, and managing a new employee. However, there are also longer-term cost improvements that an HRO relationship will bring to the table. Avoiding fines and penalties due to non-compliance, eliminating reputational risk to your brand associated with violating policies, improved employee retention by helping workers to better understand benefits options and the total rewards they’re receiving, and dozens of other examples . . . they all represent long-term impacts of finding and retaining an HRO partner that acts as a true extension of your team.

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• Standardized processes – One of the most common HR challenges growing organizations face is driving “people processes” standardization across the business . . . particularly if your workforce is spread across multiple locations. Ensuring different managers are treating employees in a consistent fashion, providing a central resource for all employees – manager and worker alike – can access content that addresses the lion’s share of operational considerations and policies, even delivering access to a standard set of forms and work flows, all help to improve the overall employee experience. Starting this from scratch is timeconsuming and typically involves some level of trial and error but working with an HRO organization can accelerate the entire process. • Reduced risk – For most employers, compliance has become an incredibly challenging issue. This is due largely to the fact that, from an HR perspective, there are multiple layers of regulations and policies to navigate. Take employee absence and leave, for example. There are federal laws impacting all employers operating within the United States, most notably the Family and Medical Leave Act (FMLA). However, there’s also a constellation of state-specific absence and leave policies – 300+ and counting – that offer provisions not covered by FMLA or are more generous than what FMLA provides. Further, there are now some cities that are creating policies for businesses within their borders. This is just one example of the complexities that come into play. HRO organizations, however, are intimately aware of the policies and practices impacting the communities they serve and can help to ensure you’re addressing regulatory issues in a consistent, focused, and respectable fashion. • D iversified skills – Given the turbulent nature of 2020, I think we’re all actively aware of the rapid changes that could impact our business. During the height of the pandemic, for example, HRO Partners began fielding questions about employee engagement, change management, and other similar services. When such circumstances arise, you need access to individuals who are skilled in addressing these issues, have access to additional resources, and can ultimately drive the fastest path to resolution.

About us: At HRO Partners, we’ve been serving the small – and mid-sized business community since our inception and we continue to deliver new products and services, each aimed at enhancing your value to the clients and employees they support. With more than 150 businesses, serving over 50,000 employees, and nearly $300 million in enrollment savings to-date, our experience and our track record is second to none. And now, we deliver access to an always available, constantly updated, online platform designed to provide expert advice “on demand.”

We call it “HRO Now,” but you’ll call it the best investment you’ll make in 2021. Call us today at 866.822.0123 or visit us online at www.hro-partners.com. www.HRProfessionalsMagazine.com

HIGHLIGHTS

Keynotes: Johnny C. Taylor, Jr,, Rob McKenna, Christine Cashen General Sessions: Linda Clark, Keith Sonderling, Donna Morris, Sarita Maybin, Daniel Villao

6 1 SHRM CEO, Johnny C. Taylor, Jr. was the opening keynote speaker. His topic was “Vision of the Future of HR.” 2 Donna Merriweather, SHRM-SCP, SPHR, Director of ARSHRM State Council, welcomes attendees. 3 Sheila Moss, SHRM-SCP, SPHR, 2021 ARSHRM State Conference Chair and President of NOARK Chapter 4 Broderick Daniels, ARSHRM Diversity Director, opens thePconference with national RESENTIN G the SPO NSOanthem. R 5 2021 ARSHRM State Council photo op with SHRM CEO, Johnny C. Taylor, Jr. 6 Photo op of Johnny C. Taylor, Jr., SHRM CEO, with 2021 ARSHRM Conference student volunteers. 20

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7 Lunch keynote speaker Rob McKenna, presented “Composed: The Heart & Science of Leading Under Pressure.” 8 Calvin Colbert, SR VP with Challenger, Gray & Christmas, sponsored a reception for attendees in the Exhibit Hall. 9 EEOC Commissioner, Janet Dhillon, provided a General Session on EEOC Updates. 10 Janie Warner, SHRM-SCP, VP National HR Practice Leader with McGriff Insurance Services, presented “HR is Not a People Business! Shifting our Paradigm Towards Business.” 11 Broderick Daniels, ARSHRM Diversity Director; Cathleen Hoffman, SHRM-SCP, SPHR, 2021 ARSHRM Conference Sponsorship Chair; and Dale Clinton, 2021 ARSHRM Conference Exhibitor Chair 12 Sonya Sanders, NEASHRM Chapter President, Donna Merriweather, ARSHRM State Council Drector, and Sheila Moss, 2021 ARSHRM State Conference Chair and President of NOARK Chapter

S AV E T H E DAT E : ARSHRM22 OCTOBER 24-26 HOT SPRINGS

13 Tim Orellano, ARSHRM Professional Development Director, Wayne Young and Mike Moore, representing Friday, Eldredge & Clark, LLP, recipient of 2021 ARSHRM Friend of the Profession award. 14 Donna Merriweather, SHRM-SCP, SPHR, Director of ARSHRM State Council; Cathleen Hoffman, SHRM-SCP, SPHR, ARSHRM Immediate Past State Council Director, and Sheila Moss, recipient of the 2021 ARSHRM HR Professional of the Year Award. 15 The ADP Exhibitor Booth 16 The SHRM Foundation Exhibitor Booth

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The Importance of HR Standards Dr. Amy Dufrane, SPHR, CAE CEO of HRCI Headquartered in Alexandria, VA, HRCI is the premier credentialing and learning organization for the human resources profession. For more than 45 years, HRCI has set the global standard for HR expertise and excellence through its commitment to the development and advancement of businesspeople in the people business. In this article, we catch up with HRCI CEO, Dr. Amy Dufrane, SPHR, CAE, on why global HR management standards matter, especially in this age of diversity, inclusion and ethics. Amy, in addition to being an educator, your own professional journey includes having been a CHRO in a highly regulated industry. How did that experience influence your work at HRCI®?

As more organizations operate in multinational models, why are international HR management standards important? Should HR function differently country-to-country or region-to-region?

My experience influences my work at HRCI, every day and in every way. The vision of HRCI is that people and organizations perform better because of us. The “us” referred to in our vision is the collective HR community that is making sure that the most important resource – people – can be efficient and effective, personally and professionally. HRCI supports HR professionals by deepening their understanding of their respective organization’s culture, identifying and cultivating talent and employing data to advance business decisions. We’ve walked in their shoes, gaining first-hand knowledge of how important the HR role is as a profession and a business-critical function.

Most of us work in organizations that are operating globally and we’re experiencing a wide range of cultural differences, management frameworks and communications. Plus, as HR professionals, we delineate and live the company values, cultivate the culture across the enterprise and seek out qualified, diverse talent. As business leaders, we’re always looking for this talent, regardless of location and are thinking creatively about our existing talent by looking for ways to reskill and upskill the workforce. All of this is making HR standardization even more critical as we recruit, cultivate and develop this talent.

Do you see increased interest in human resources as a career choice? Are individuals apt to remain HR generalists, specialize in a select discipline such as benefits or recruiting or is there a new persona emerging?

I do see an intensifying interest in HR as a career choice. As a result of the growth, HRCI joined together with HR professionals to develop an entry level certification. We specifically developed this additional certification for individuals who are looking to enter HR from another profession; recent college graduates; or individuals who are people managers wanting to obtain a basic understanding of the components of HR. HRCI is thrilled to be a part of the elevation of the HR profession – we see increasing growth in individuals looking to obtain the aPHR® certification. HRCI certifications are recognized as markers of excellence and reinforce a strong commitment to the HR profession. It’s exciting to be relied upon heavily by HR professionals seeking to advance their knowledge and expertise. It’s also exciting to know how vibrant the HR category is. The Bureau of Labor Statistics reports that HR is a profession that needs more talent because the number of jobs will be growing over the next 10 years. Based on predictions regarding the Future of Work, we know that the types of HR jobs will be very different than they are today. Technology is changing how and where we work and the way we get work done. The rapid pace of change encompasses these areas and is driving the demand for HR talent. 22

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With that in mind, the organization of the future must encompass a cross-border approach to discovering new talent. The pandemic has shown that business leaders must think about talent and work in a much different way. There have been a number of recent studies informing us as business leaders that diversity of thought and diversity of people leads to innovation. Studies show that the diversity pipeline into senior level positions is underwhelming, and we need to fuel that pipeline with talent that reflects the global world that we all enjoy being part of. Global diversity may augment and provide a short-term solution to business needs; and the talent is essential for the longer term to growing important pieces to our business. The pandemic has made where we physically work much less of an issue and now is the time for us to discover a global reach to our talent. At HRCI, our focus on global issues is strong. We were appointed by the International Organization for Standardization - ISO - to lead the global community in the development of standards for HR. The standards that we are creating are becoming part of the work of ISO. More than 30 countries are participating in the development of standards for the HR profession. A few of the most recent published standards are very notable to the HR community. The first is ISO 30414 Human Capital Metrics Standards that the SEC is utilizing as the footprint for public traded companies to report on their financial reporting documents. The second is ISO 30415 Diversity and Inclusion. This standard was published in May 2021. HRCI, together with the global community, are helping to lead by working on additional guidelines to develop standards for the HR profession.

HRM standard and metrics ensure that when we are using terminology, we all are starting the discussion from the same understanding. I have found that in my career it was important to ensure discussions on talent began with the same understanding of the name of something and background on how we came up with it. For example, if you are looking to determine the value of Human Capital Return on Investment or HCROI – it helps when organizations are using the same formula to determine the ROI. You can then meaningfully benchmark organizations against each other to determine how effective and efficient you are with your human capital.

quantitative analysis and its expanding use in today's professional landscape. Learners are exposed to quantitative decision-making tools and techniques, which tie into real-world case studies. With over 250 courses, HRCI seems to have something for everyone. Where else are you seeing increased importance in data analysis for HR?

What are some of the programs offered by HRCI? How can these programs help HR support the greater business imperative within their organizations?

Ethics is key to all things in Human Resources. HR professionals are charged with supporting the success of their organizations in ways that are ethical and socially responsible. It’s a primary reason why at HRCI, we’ve created a certificate in Ethics. Ethical organizations must consider questions about what is right and fair in all decision-making processes. Because HR professionals are involved in designing and enforcing policies that impact the people who work in an organization, they play an especially powerful role in shaping the ethical culture. We also have growing interest in our data analytics certificate, which provides an overview of topics in statistics and their applications in a variety of fields. This certificate presents the basics of

At HRCI, we have listened to the profession. In turn, our courses are developed to assist HR in leading business and the essential business discussions, including those that are Human Capital focused. As part of that, there’s no doubt there’s an escalating focus on data analysis and data application. One of ISO’s chairs commented that at the heart of the fourth industrial revolution is the ability to derive insights in an increasingly data-centric world. We know that HR professionals rely on HRCI to offer what helps them be better business partners to their organizations and to their colleagues – and our Data and Human Resource Management course is a great place to start. Amy, thank you for taking time to educate our readers on the importance of HR standards. How can they get in touch with you and learn more about earning HRCI certification and learning?

I’ve enjoyed our conversation today and look forward to working with your readers. For more information, please visit our website at www.hrci.org or contact us by emailing info@hrci.org or calling +1-866-898-4724.

Save 20% on HRCI® Courses in 2021 CERTIFICATE IN DIVERSITY AND INCLUSION IN HR MANAGEMENT The three courses comprising our certificate were developed in accordance with the International Organization for Standardization’s guidance on diversity and inclusion for organizations (ISO 30415:2021). • Fostering an Inclusive Culture

• Assessing Diversity and Inclusion

• Hiring and Retaining Diverse Talent Earn 12 general HR credits towards any of HRCI’s eight credentials, including SPHR® and PHR®. Visit learn.hrci.org and use code HRPro2021 to claim your discount at checkout. HRCI’s learning catalog features 250+ courses and certificates. This offer will expire on December 31, 2021 at 11:59 pm ET and cannot be combined with any other promotions.

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Let’s Get Digital:

Communicating Your Benefits in a Virtual World By CHRISTINA BIDDLE

While we continue to navigate the complexities of COVID-19, supply chain issues, delayed postal times, and environmental stewardship, the path for communications is becoming clear: employers need to embrace a digital approach. Employees need to hear important guidance and direction from leadership as well as how to access company resources and benefit information – but what if your workers are off-site or not connected to your company network? This requires companies to consider new ways to communicate with employees. Here are a few examples of popular communication solutions that may help you continue to inform and engage your workforce while leveraging digital methods. Why Move to Digital? Although printed materials allow you to put something physical in the hands of your employees, where do your benefit guides go after an employee makes their decisions and enroll in benefits? More often than not they get stuffed in a junk drawer or tossed in the recycling bin. People more and more are wanting instant gratification - with shorter attention spans. This has created a shift towards what employees now expect. With digital communication methods you can break information down into bite-sized chunks, give quick blurbs then link out to full details. Change happens quickly –when you utilize digital methods to communicate you can often make updates or changes to your message in just a snap of your fingers vs. re-printing and distributing materials. And, digital methods tend to be much more engaging. Telephonic Resources Services that allow for mass “voicemail drops” let employees hear the human element and tone of voice from your leadership. In a time where many people are craving interaction, this may be a good option for quick updates and morale-boosting messages. Mass texting is another very effective tool when sending simple, yet targeted messages. Some vendors provide both services in one platform. Web Pages or Portals While many companies have added public pages to their existing websites specific to their current COVID-19 or supply chain response, those with non-desk employees may consider adding a private page that workers can access and check for company updates, announcements, policies, procedures, and important benefit plan access. Organizations with HRIS or benefit administration portals may leverage their web platform if the system allows for customization. Encourage the Opt-In You may encourage those who do not have company-provided email access to opt-in to sharing their personal email addresses for company-related communication. Speaking of opting in, you may also want to consider employees opt-in to a text messaging from your HR department. Again, Text messages are great for quick bursts of information, simple reminders, explainer videos, or links to resources pages. QR codes are a great way to both provide information, but also to collect opt-in responses. 24

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There’s an App for That! Consider utilizing an app or service that can replace email or print altogether while providing a way for conversations to take place. Some mobile services combine communication abilities with additional operational resources such as scheduling, hosting of handbooks, policies and other files, internet links and more, right from a smartphone. Printed or Mailed Materials If you are dead-set on providing printed communications, take both production time and cost into account. The supply chain issues in recent news have had an impact on paper availability and other equipment/tools required to maintain print operations. This supply and demand can impact a projects cost and timeline. Neither snow nor rain nor heat nor COVID-19 can hamper the U.S. postal service. However, their recently announced increase in standard delivery times can hamper your timeline. Take this into consideration when structuring your communication plan. You Can Do This! Regardless of delivery method, keep the following in mind while crafting your message. • Do Keep it concise. Information fatigue happens and happens fast. If you have a lot of information to relay, consider breaking it into separate topics, or, condense information to the most important touch-points then provide direction to where full details can be found. • Don’t underestimate your employees’ technical capabilities. People in all age groups have adopted technology in their lives. With online banking, video calling family members, various streaming services for entertainment, people are embracing technology now more than ever. • Don’t pigeon hole your own digital capabilities. Adopting something new will always have a learning curve. Our ancestors may have paved the way with telegraph and telephones - but remember that you once logged in, or maybe dialed in, to the internet for the first time in your life. At some point sending an email or text message was a new concept. You can do this! Moving to digital allows you to get creative with both delivery methods and messaging. Taking an interactive and encouraging approach may help not just get your message across but may also brighten your audience’s day.

Christina Biddle

Marketing Communication Christina.Biddle@mcgriff.com McGriff

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To learn more, visit McGriff.com.

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Tennessee Expands (Minimally) Medical Marijuana Law and Establishes Cannabis Commission By TIM GARRETT and ASHLEY LI

Tennessee recently enacted a minimal expansion of its medical marijuana law. The law took effect May 27, 2021, and it slightly enlarges the medical conditions for which persons may possess a very limited amount of tetrahydrocannabinol (THC). Previously, Tennessee law allowed only those diagnosed with intractable seizures or epilepsy to possess a limited amount of medical cannabis oil. The law also creates a commission to study the possibility of future medical marijuana legalization. The new measure allows individuals who have the following medical conditions to possess CBD oil containing less than 0.9% of THC: • Alzheimer’s disease.

• Epilepsy or seizures.

• Amyotrophic lateral sclerosis (ALS).

• Multiple sclerosis.

• Cancer, when such disease is diagnosed as

• Parkinson’s disease.

end-stage or the treatment produces related wasting illness, nausea and vomiting, or pain. • Inflammatory bowel disease, including Crohn’s disease and ulcerative colitis.

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• Human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS). • Sickle cell disease.

The patients diagnosed with a qualifying condition must have a letter from a doctor licensed to practice in Tennessee attesting to the patient’s qualifying medical condition, specifying the specific condition, and stating that conventional treatments to address this condition have been ineffective. This letter is valid for a maximum of six months from the date of the doctor’s signature.

best to establish an effective, patient-focused medical marijuana program in Tennessee and include proposed legislation in its recommendations.

Additionally, any CBD oil possessed by those legally permitted to carry it must include certain information on the label. Interestingly, it appears that individuals may be required to obtain the compliant CBD oil out of state because the law does not contain provisions allowing

For advice on how this new marijuana law may impact employees in the workplace, please contact the authors of this article.

for in-state production or sale of cannabis products. However, as a matter of federal law, products containing less than 0.3% of THC can be sold nationwide. Lastly, the new law establishes a nine-member commission to study federal and state laws regarding

Tim Garrett, Member Bass, Berry & Sims tgarrett@bassberry.com www.bassberry.com

medical marijuana to establish a marijuana program in Tennessee upon the federal government reclassifying marijuana as a Schedule I controlled substance. The commission is to prepare recommendations for how

Ashley Li, Attorney

Bass, Berry & Sims ashley.li@bassberry.com www.bassberry.com

GO CONFIDENTLY. Bass, Berry & Sims listens and responds with creative yet practical counsel. We stay on pace with the complex and rapidly evolving employment landscape, connecting your dynamic human resources needs to proactive strategies. Relationships, reliability, and respect – at the center of our Labor & Employment and Employee Benefits practices.

Stay up-to-date on the latest in HR Law. Visit our blog at bassberryhrlawtalk.com.

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1 Kicking off SOAHR 2021 is Lars Mins, SHRM-Atlanta Board Chair (right) and Jason Cline, CEO, SHRM-Atlanta 2 Dr. Tim Elmore, engaged his audience with his Generational Diversity keynote on day one of SOAHR 3 Speaker Greg Hare of Ogletree Deakins during a breakout session 4 Attendees during a breakout session 5 Speaker Vincent Ivan Phipps during the first day of breakout sessions on communication Without confrontation

Save the Date for SOAHR 2022, July 25-27

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6 SOAHR 2021 was focused on Community, and this was shared with both in-person and virtual attendees 7 Volunteers and attendees during a breakout session 8 Attendees excited about their next session 9 Time to restock at the official SOAHR Hub with SHRM-Atlanta Staff and volunteers 10 Aiko Bethea, day two opening keynote, on the topic of Transactional vs. Transformational Approaches in Diversity, Equity, and Inclusion 11 Behind the Scenes with Virtual MC Greg Hawks interacting with SOAHR Attendees online 12 Our SOAHR MC, Teela Jackson, connecting with SOAHR attendees 13 Exhibitors and Sponsors grabbing a bite to eat before attendees break for lunch. 14 The SOAHR Resource Partner Showcase hosted various employee engagement and team building vendors, including these adult big wheels! 15 Break time means catching a selfie with your new BFF! 16 The 360-selfie station was a hit!

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O 32

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Arkansas Seeks to Amend President Biden’s Mandate By ASHLEY PRICKETT CUTTINO and KATHY DUDLEY HELMS

On October 13, 2021, Arkansas Governor Asa Hutchinson allowed a new law addressing mandated COVID-19 vaccines for employees to go into effect without his signature. Senate Bill 739’s primary sponsor, Senator Kim Hammer, made it clear that the bill was a response to President Joe Biden’s COVID-19 action plan and the Biden administration’s forthcoming emergency temporary standard requiring employers with more than 100 workers to mandate vaccinations or test them for the virus weekly. Senator Hammer acknowledged in the Arkansas Senate debate that the bill might be found unconstitutional, but he thought it was important to pass the bill to let Arkansans know where they stand. Unlike the recent executive order of Texas Governor Greg Abbott, the bill does not prohibit vaccine mandates but requires additional exemptions with testing alternatives if an employer has a vaccine mandate.

Both Governor Hutchinson and large businesses in Arkansas

The law provides that if multiple proven test processes are

with their own vaccine mandates had previously opposed the

available to an employee, the employee may choose which test

legislation. The bill creates obstacles for federal contractors.

is taken. Accordingly, an employee who has had COVID-19

Current federal contractor mandates do not allow for excep-

might opt for providing proof of antibodies twice per year

tions to mandatory vaccination other than for sincerely held

rather than submit to weekly testing.

religious beliefs or for reasons related to medical necessity. An entity covered by a federal contractor vaccine mandate cannot

The new law also spells out who is to pay for testing, if testing

grant other exemptions without running afoul of its federal

is the employee’s preferred option. The cost of testing shall be

The Arkansas legislation specifically allows employees to opt out of COVID-19 vaccine requirements by means other than the medical or religious exemptions allowed by federal law, and it requires employers to provide a specific exemption process. charge. As a result, legal challenges to the Arkansas legis-

covered through “any state or federal funding made available,”

lation based on federal preemption are expected. Whether the

including federal relief funds disbursed from the American

legislation runs afoul of the Occupational Safety and Health

Rescue Plan Act, if the employee’s health benefits plan does

Administration’s (OSHA) emergency temporary standard (ETS) vaccine mandate applicable to employers with 100 or more employees is not known, as the OSHA ETS has not yet

not provide coverage for the testing. Only in the event that neither of these sources cover the cost of testing will the cost of testing be covered by the employee.

been published. The OSHA ETS is expected to also contain a

Although the law states that an employee who complies with

testing alternative to the vaccine mandate.

the requirement “shall not be terminated for mandates related to [COVID-19],” it is not intended to alter any other agree-

The Arkansas legislation specifically allows employees to opt

ments or affect the employment-at-will doctrine.

out of COVID-19 vaccine requirements by means other than

Because the legislation did not attain emergency status, it will

the medical or religious exemptions allowed by federal law, and

go into effect in early 2022.

it requires employers to provide a specific exemption process.

This article was drafted by the attorneys of Ogletree Deakins, a labor and employment law firm representing management, and is reprinted with permission. This information should not be relied upon as legal advice.

Rather than being vaccinated, a covered employee has the option to

• produce a negative antigen test or molecular diagnostic test no more than one time per week; or

• provide proof of immunity, including the presence of antibodies (from a past COVID-19 infection), twice per year.

Ashley Prickett Cutting

Ogletree Deakins Greenville Ashley.prickett@ogletree.com www.ogletreedeakins.com

Kathy Dudley Helms

Ogletree Deakins Columbia Katherine.helms@ogletree.com www.ogletreedeakins.com

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National Labor Relations Board

NLRB Announces Appointment of Five Regional Directors The NLRB recently announced the appointment of five Regional Directors: Laura A. Sacks in Region 1 (Boston), Elizabeth K. Kerwin in Region 7 (Detroit), Iva Y. Choe in Region 8 (Cleveland), Andrea J. Wilkes in Region 14 (St. Louis), and Suzanne Sullivan in Region 22 (Newark). Along with these new appointments, Lisa Henderson was appointed as Regional Director of Region 10 (Atlanta) in August. Each of the new Regional Directors was a current NLRB employee with decades of experience. “I’m so pleased to have these extremely competent and talented women take on senior leadership roles as Regional Directors of the NLRB,” said General Counsel Jennifer Abruzzo. “Filling these critical vacant positions with such capable individuals will help ensure that we meet our goals of fully protecting the rights of workers in this country to engage collectively to improve their working conditions.” Established in 1935, the National Labor Relations Board is an independent federal agency that protects employees, employers, and unions from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year.

We’re local, everywhere. Local laws, legal communities, customs, and cultures powerfully influence how businesses work, how workplaces function, and how employment issues are resolved. That’s why we’ve been building a law firm with teams all over the world, bringing deep understanding and vital insight to the issues your business is facing, wherever it’s located.

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THE GOLD STANDARD FOR PROFESSIONAL DEVELOPMENT As the world of work evolves before our eyes, we must continue to provide our workforces the tools, technology and infrastructure to do their very best work. Reskill to rethink your strategies with an upcoming SHRM Educational offering.

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21-2467

PDCS FOR RECERTIFICATION

certificate of recognition

t h i s c e r t i f i c at e i s a wa r d e d to

University of Memphis SHRM Student Chapter p r e s e n t e d by t h e society for human resource management for achieving the

The Process of Preparing Future HR Leaders

Superior Merit Award

0000000

chapter #

5185

Johnny C. Taylor, Jr., SHRM-SCP President & CEO

Michael P. Aitken, Senior Vice President, Membership, SHRM

By KATHY A. TUBERVILLE

19-0709

he Talent Tsunami, the Great Resignation, and more recent trends have startled the HR industry as it relates to talent development of future leaders. While the roles are changing more and more, the evidence is clear, the HR profession is growing, and we need more equipped future leaders entering our space.

What are some solutions to this current trend? Strategic development of college students in HR practices! At the University of Memphis, the SHRM Student Chapter has continued to be innovative and forward-thinking in the development of “futureproofing” of skillsets for new professionals. Through monthly programs with engaged HR leaders as well as unique events such as the HR Discovery Day and the first-ever Student and Young Professionals Career Summit in 2020, these students are leading the way for more students to become prepared for the HR career path.

plishments and the increase in member engagement seen this past year. The SHRM Student Chapter at the University of Memphis is a remarkable asset to the Fogelman College of Business and Economics and the Memphis HR community”. Merschat now is an HR Associate with the Cintas Corporation. Dr. Kurt Kraiger, Chair of the Management Department and Interim Associate Dean in the Fogelman College of Business and Economics, shares “we are continually proud of our SHRM Student Chapter and their consistently strong programming for our students. This resource is ideal for our HR students and provides great connection to the HR community”. Our current student leadership board, President Chaylin Garrett and officers Barbarita Vega and Katlin Hall, intend to work hard in 2021-22 so that we have additional successes including a new program, HR Academy. These students are also working to help other students prepare for careers in HR.

Their success in fulfilling the SHRM national Merit Award requirements, the diligence of this student chapter was recognized with the Superior Merit Award for 2020-2021. Their accomplishments included converting all of their meetings to a virtual format (many student organizations took a break during this time), providing exceptional events with HR community leaders, and using technology and program development skills to participate in the new Student and Young Professional Conference, a feature of the 2020 Tennessee SHRM Conference.

If you’d like to become aligned with this active SHRM Chapter, please contact faculty advisor, Dr. Kathy Tuberville via K.Tuberville@memphis.edu The University of Memphis chapter extends a warm welcome to all college students in the Memphis area, regardless of college affiliation. “We ask that students join SHRM through a student membership and have an active interest in pursuing a career in Human Resource Management”, according to Dr. Tuberville.

Recent MBA graduate and SHRM Student President for 2020-21, Mary Merschat states, “Serving as SHRM Student Chapter president had a major impact on my college experience and professional career. I am extremely proud of the chapter’s accom-

Dr. Kathy Tuberville, SPHR,SHRM-SCP, Ed.D.

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George Johnson Teaching Fellow Department of Management Director, Fogelman Experiential Learning K.Tuberville@memphis.edu

Dr. Kristen Jones, Interim Director, Center for Workplace Diversity & Inclusion, Associate professor of Management, Fogelman College of Business and Economics kpjones4@memphis.edu | 901.678.4551

SHRM Georgia State Council Announces Awards Recognition Program Recipients for 2021 By CRAIG SOUTHERN, PH.D., SHRM-SCP

(L-R) Craig Southern, SHRM-CP, PHR, PhD, Industry Certification Director; Janeann Allison, HR Professional of the Year; Linda Yates is the Chapter President for the Golden Isles Chapter; she accepted the award her Chapter received for Community Outreach Endeavor–this award was received also via collaborative partnership by the SHRM Savannah and Statesboro Area SHRM Chapters; LaTrelle Porter, Volunteer of the Year; Brittany Reese, HR Rising Star; Curtis Woody, SHRM-SCP, MBA, CCT, SHRMGA State Director. The SHRM Georgia State Council is pleased to announce the recipients for its Awards Recognition Program for 2021. The awards categories encompass both Chapter and Individual recognition options for commemorating outstanding contributions to and advancement of the human resources management profession.

Here is an overview of the recipients for the Awards Recognition Program for 2021: Chapter of the Year SHRM Savannah Recognized as a Chapter that demonstrated excellence in the execution of a project related to one or more of the SHRM Core Areas. HR Leader of the Year Sherry Lowe-Cook Recognized as a Human Resources leader who advanced the human resources profession in a significant and impactful way. Friend of HR Community Partner Peggy Thompson with Apparel Authority Recognized as a company/institution that helped to advance the human resources profession via partnership with a local SHRM Chapter.

Community Outreach Endeavor Curtis Woody and Cheryl Sale, District V Director, SHRM Savannah, Golden Isles SHRM & Statesboro Area SHRM Showcased the active involvement of multiple Chapters working together collaboratively at the local community level in a variety of efforts, initiatives, and causes that yielded positive results and outcomes in the overall betterment of their local communities, inclusive of its citizens and employers. HR Professional of the Year Janeann Allison Recognized as an HR professional for significant contributions to the advancements and achievements in human resources management. HR Rising Star Brittany Reese Recognized as an HR professional early in her career who has demonstrated the potential today to be an HR leader of tomorrow. Volunteer of the Year LaTrelle Porter Recognized as a Chapter volunteer who willingly and graciously gave of her time and talent to actively support, promote, and advance the human resources profession at her local Chapter.

All in all, a total of nine awards were handed out across seven awards categories during the SHRM Georgia State Council annual conference last month in Stone Mountain, Georgia. A special ceremony honoring the recipients was held during the conference kick-off on the opening day of the conference on September 22, 2021. Craig Southern, Chair for the 2021 Awards Recognition, emceed this special ceremony, along with Curtis Woody, SHRM Georgia State Council Director. A record number of nominations were submitted this year, all of which proved Georgia is rich and blessed to have an abundance of many talented, creative, and resourceful HR Professionals who are truly dedicated to advancing the human resources management profession while The SHRM Georgia State Council extends its sincere appreciation and gratitude for the important and worthwhile work being done by HR Professionals across the state of Georgia as evidenced by the nominations received, giving a special nod to all of the 2021 nominees, while also applauding and congratulating the efforts of this year’s awards recipients. 38

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IN MEMORY OF

SHRM Volunteer Leader, Ed Carpenter, SHRM-SCP By FAITH STIPANOVICH, SHRM FIELD SERVICES DIRECTOR

The HR Community was saddened to learn that Benjamine E. Carpenter, “Ed” as he was known to all of us, passed away unexpectedly on Thursday, September 30, 2021, leaving behind Patsy, his wife of 42 years and his lovely daughter Amanda. Ed was a very active SHRM volunteer leader and truly loved working in HR. Ed’s journey as a SHRM volunteer leader began in 2007 when he became president of the recently established local SHRM chapter, Southern Indiana SHRM. In 2008, Ed became SHRM-SCP certified. Through his certification, he was able to serve as adjunct professor at Ivy Tech College, where he taught the SHRM Certification Prep Course for seven years in addition to being a study group facilitator for his chapter. For several years following, he served as the chapter certification director and workforce readiness director. In 2017, the chapter celebrated its 10th anniversary, and its success and growth as a chapter won it the Chapter of the Year at HR Indiana’s State Conference – making this anniversary celebration that much more memorable. This momentum engaged and challenged members to make HR fun again, resulting in the chapter receiving its first SHRM Pinnacle Award that same year. In his motivation to help others, Ed became driven to learn more about the work of the SHRM Foundation. He sought out information to help educate his local members on opportunities including scholarships for HR professionals to prepare and achieve SHRM certification or to attend conferences for professional growth development. Serving as the HR Indiana State Council’s Foundation director and by creating an environment where events were fun and engaging, the state council was able to gain visibility and help raise awareness of the SHRM Foundation’s work. The money that volunteers raised at the State Conference in 2018, helped the Indiana state council achieve recognition as the second-highest contributors that year and HR Indiana continued to hold that position in 2019 and 2020. In addition to his role as the corporate director of human resources for Superior Van & Mobility based in its corporate office in Louisville, KY where if delivered full support of all human resource functions for the company’s 10 locations., Ed most recently served again as the Chapter President for Southern Indiana SHRM where he worked tirelessly with his chapter volunteers during the pandemic to provide continued chapter programming and resources. It was often said that Ed had a wonderful gift for helping others to be able to see their own worth and be able reach their goals. May his good work live on through our memories of him.

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OSHA’s Upcoming Regulations Under Biden’s COVID-19 Plan:

Anticipated Questions and Answers By MEREDITH J. MARONEY

religious schools, etc. Id. In Tennessee, for example, TOSHA’s treatment of religious institutions is consistent with OSHA’s treatment of religious institutions. This is because TOSHA can only provide equal or greater protections for workers than OSHA, not fewer. TOSHA only provides worker exemptions to federal government employees, domestic workers, certain farm workers, and workers who are covered under federal regulations (railroad, coal miners, and atomic energy workers). Question 3: Who is an “employee” under OSHA? How will the threshold of 100 or more employees be counted under the ETS?

President Biden announced his Covid-19 Plan on September 9, 2021. As part of that plan, the Biden Administration tasked OSHA with promulgating an Emergency Temporary Standard (“ETS”) to help implement this plan. This announcement and the upcoming ETS have sparked questions across the country. The following are answers to anticipated questions pertaining to OSHA’s upcoming ETS. Please note that the ETS is still developing and subject to further revision and interpretation. Question 1: Will the ETS that Biden ordered OSHA to develop apply to state and local government employers? Yes, if the state has an OSHA-approved state plan. OSHA does not cover state and local government employers. But, 28 states and territories have OSHA-approved plans that regulate state and local government employers. For example, Tennessee is regulated by TOSHA, which is Tennessee’s OSHA-sponsored program. TOSHA does cover state and local government employers. This means that Tennessee local and state government employers and employees have OSHA protections through TOSHA. Once OSHA has issued its ETS, TOSHA will have 15-30 days to either adopt OSHA’s ETS or create “just-as-effective” measures. 29 C.F.R. § 1953.5(b)(1). In effect, local and state government employees in Tennessee would have to be vaccinated or produce a negative Covid-19 test weekly (at a minimum) within 15-30 days of OSHA releasing its ETS to comply with OSHA’s ETS or any “just-as-effective” measures implemented by TOSHA. However, OSHA-approved state plans do not have to implement monetary penalties as enforcement measures, but they can use “equitable remedies” instead. 29 C.F.R. § 1956.11(c) (2)(x). Because of this, it will be important to monitor how state and local government employers could be potentially penalized for violating the ETS in states with OSHA-approved state plans. Question 2: Does OSHA apply to a religious institution (ex: religious schools, churches) such that it will have to comply with Biden’s ordered OSHA ETS? Likely yes. OSHA affects private sector employers and workers whether directly or indirectly through an OSHA-approved state plan. OSHA covers religious institutions. 29 C.F.R. § 1975.4(c). The only exemptions are for employees who perform religious services, like ministers or individuals who participate in a religious ceremony (ex: individuals who play an instrument or collect an offering as part of a religious ceremony). Id. But, secular employees are covered under OSHA. Id. Secular employees would include administrative assistants, church secretaries, janitorial staff, teachers at religious schools, administrators at 40

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This is unclear. Under OSHA, the definition of “employee” is expansive. An employee is defined as “an employee of an employer who is employed in a business of his employer which affects commerce.” 29 U.S.C.S. § 652(6). The Department of Labor and OSHA conducted a phone call on September 10, 2021, to answer questions regarding the upcoming ETS. They indicated that employees will be counted on a per employer basis, not per location. This means that if a business has less than 100 employees at each of its locations, they still will be required to comply with the ETS if the business has 100 or more employees total. OSHA counts certain workers as employees within its statutory scheme, including part-time employees, employees from temporary help services, employees from employee leasing services, and employees from personnel supply services. This could indicate that “employee” will be broadly interpreted like the definition suggests. Once OSHA releases its ETS, it may further specify who counts as an “employee.” It is important to remember that OSHA-approved state plans must be consistent with OSHA, so if these workers are included as an employee in the ETS, they will likely count as an employee under each OSHAapproved state plan’s guidance that is released 15-30 days later. Question 4: Do existing OSHA statutes, regulations, or authority allow for employees to claim a religious or disability exemption to an OSHA standard similar to Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act? How will this affect vaccine and testing mandates? It is expected that the OSHA ETS will take into account an employer’s obligations under the ADA and Title VII. Therefore, the OSHA ETS will likely track the accommodation requirements under the ADA and Title VII. This means that OSHA-approved state plans will also likely track the accommodation requirements under the ADA and Title VII by virtue of its ability to give equal or more coverage and protections to workers compared to OSHA. Under the ADA, an employer must show an undue hardship if the employer wishes to deny an employee’s accommodation request. 29 C.F.R. § 1630.15(d). Thus, employers likely will have to accommodate an employee who qualifies under the ADA. Additionally, under Title VII, employers must also accommodate employees who request a religious accommodation. But, if the accommodation rises above a “de minimis” standard, then the employer can refuse to accommodate the employee’s request as an undue hardship. Trans World Airlines v. Hardison, 432 U.S. 63 (1977). For example, an employer may be able to cite workplace safety as going beyond the “de minimis” standard and being burdensome for the employer. Question 5: Will OSHA’s ETS apply to the public school system? Yes, for public schools in states that have an OSHA-approved state plan. OSHA itself does not have authority over public school systems because OSHA does not have jurisdiction over state and local

government employees. State and local government employees are only subject to OSHA if the state in question has an OSHA-approved plan. For example, Tennessee does have an OSHA-approved plan, TOSHA. Upon the release of OSHA’s ETS, TOSHA must either adopt OSHA’s ETS or promulgate its own ETS that is just as effective. This means that state and local government employees will be subject to OSHA’s ETS because (1) TOSHA has jurisdiction over state and local government employees, so its regulations apply to those employees; and (2) TOSHA must either adopt OSHA’s ETS or promulgate one that is just as effective.

Legal Challenges are Coming at HR Professionals from Every Direction

Question 6: Could congressional legislation affect OSHA’s ETS? Congressional legislation could potentially affect the ETS’s enforcement provisions. In his Covid-19 Plan, Biden stated that the fine for violating OSHA’s ETS would be $14,000 per violation. However, if Congress passes the Reconciliation Bill (also known as the Build Back Better Act) without revising Section 21004 and Biden signs the bill into law, that $14,000 penalty could increase anywhere from $50,000 per violation to $700,000 per violation. Currently, OSHA fines employers who willfully violate its standards, including its ETS, and who fail to provide their employees with an environment that is “free from recognized hazards that are causing or are likely to cause death or serious physical harm to . . . [their] employees;” such fines range from $9,753 to $136,532 per violation. 29 U.S.C.S. §§ 654-655, 666(a); 29 C.F.R. § 1903.15(d) (1). The House of Representative’s Reconciliation Bill amends OSHA’s penalties for employers who willfully violate OSHA by increasing the minimum fine to $50,000 per violation and by increasing the maximum fine to $700,000 per violation. Build Back Better Act, H.R. 5376, 117th Cong. § 21004(a) (2021). Employers that receive a penalty for repeated violations pay no more than $136,532 per violation. 29 C.F.R. § 1903.15(d)(2). But the proposed Reconciliation Bill increases that penalty to $700,000. Build Back Better Act, H.R. 5376, 117th Cong. § 21004(a) (2021). For employers that receive “a citation for a serious violation,” which includes violating an ETS, those employers are fined $13,653 per violation. 29 U.S.C.S. § 666(b). 29 C.F.R. § 1903.15(d) (3). But, the House of Representative’s Reconciliation Bill increases that penalty to a $70,000 penalty per violation. Build Back Better Act, H.R. 5376, 117th Cong. § 21004(a) (2021). For employers that do not correct the violation within the time specified in the citation, they could face a penalty of “$13,653 per day.” 29 U.S.C.S. § 666(d). 29 C.F.R. § 1903.15(d)(5). But, the Reconciliation Bill increases that penalty to a maximum of $70,000 a day. Build Back Better Act, H.R. 5376, 117th Cong. § 21004(a) (2021). The House of Representatives is revising the Reconciliation Bill, but there is no indication that the OSHA penalty increases will be removed. The final details of OSHA’s ETS, and any alternative regulations from state-sponsored OSHA plans, are subject to revision. However, this new ETS proposal makes significant changes to current rules affecting employers and their workers. Employers will want to stay abreast of these upcoming regulations and prepare for any changes in their occupational safety measures regarding COVID-19 to remain OSHA-compliant and avoid penalties or other repercussions.

That’s Why Rainey Kizer Makes Your Business Our Concern As the issues facing HR executives become more frequent, challenging, and complex each year, you need a law firm that provides advice invidualized for you specific needs. This is why you should know the employment law attorneys at Rainey, Kizer, Reviere & Bell, PLC. For over 40 years, our AV-rated firm has advised businesses, non-profit organizations and government agencies on all aspects of employment law. To learn more, please call.

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Tennessee does not certify specialists in the area of employment law.

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SHRM Study Finds Employer-Provided Benefits Have Dramatically Changed and Expanded During COVID-19 Pandemic Survey shows employers are focusing on benefits that support mental health and caregiving support for American workers SHRM (the Society for Human Resource Management) released data from a survey of HR professionals who report that COVID-19 has prompted significant changes to employer-provided benefits in 2020. These changes include the expansion of benefits that support employee health and well-being needs in remote and hybrid workplaces, with increased attention to parental leave and family caregiving duties. As the world went into lockdown, companies found new ways to accommodate employees who were settling into living most of their lives from their homes. Most employers (78%) said they expanded telework options and developed benefit packages specific to the more socially distanced workplaces that 2020 brought about. These efforts included diversifying telemedicine options, making mental health resources more accessible and providing expanded leave benefits to employers caring for children or adult family members at home. The survey found the prevalence of paid family leave to be the highest in the last five years; the percentage of employers offering paid maternity leave (beyond what is required by short-term disability or state law) increased to 53%, coinciding with similar progress for paid paternity leave (44%), paid parental leave (39%) and paid family leave (31%). "During the pandemic, employers were more compelled than ever to consider the diverse home environments of their employees," said Johnny C. Taylor, Jr., SHRM-SCP, SHRM's president and chief executive officer. "Virtual interactions created a new level of transparency and empathy at work, prompting business leaders to reconsider which types of benefits were most useful to their employees in this 'new normal.'" The shift to almost fully virtual lives reduced the need for benefits that promote physical wellness in the workplace, due to the difficulty of delivering such programs in the physical workplace. As 42

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the world faced stay-at-home and social distancing mandates, employees were unable to take advantage of incentives like gym memberships, personal trainers or even physician visits, creating a need for more benefits that could be easily offered online or practiced alone. SHRM's 2020 Employee Benefits Survey found that companysponsored wellness benefits that required in-person participation decreased in 2020, compared to 2019 data. General wellness programs decreased by 7%, health insurance premium discounts offered for participation in wellness programs decreased by 11%, and rewards or bonuses for completing certain health and wellness programs decreased by 9%. Additionally, benefits that could be accessed virtually were more likely to increase in 2020, compared to 2019 data. The study found stress management resources increased by 11%, personal or life coaching benefits increased by 7%, and subsidized, unsubsidized or reimbursed meditation or mindfulness program offerings increased by 7%. The survey indicates COVID-19 as the likely cause of most changes to employee benefits in 2020. Organizations made huge strides in support of their employees whose work and home lives were disrupted during the pandemic and SHRM is continuing to monitor as employers decide which pandemic-induced benefits to maintain, expand or eliminate in the future.

About SHRM SHRM, the Society for Human Resource Management, creates better workplaces where employers and employees thrive together. As the voice of all things work, workers and the workplace, SHRM is the foremost expert, convener and thought leader on issues impacting today's evolving workplaces. With 300,000+ HR and business executive members in 165 countries, SHRM impacts the lives of more than 115 million workers and families globally. Learn more at SHRM.org and on Twitter @SHRM.

Congratulations to Patricia Smith, PHR!

Patricia recently retired as the Quality Assurance Director from the Georgia Department of Corrections. She has more than 30 years of professional experience in a multitude of positions with the Georgia Department of Corrections (GDC). Patricia is currently serving as an HR Consultant. Patricia was assigned as Quality Assurance Director to the Georgia Office of Victim Services, a division of the State Board of Pardons and Paroles. Prior to this appointment, she served as the Director of Special Projects and as the Director of Human Resources for Georgia’s largest law enforcement state agency. Patricia, a native of Atlanta, Georgia, graduated from Georgia State University with a Bachelor of Business Administration and obtained her Master of Public Administration from Columbus State University. Patricia is a member of the Society for Human Resources Management (SHRM) and the Greater Henry County SHRM Chapter where she serves as the Core Leadership Area SHRM Foundation Director. She is also a member of the Association of Women Executives in Corrections where she serves as a mentor.

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Our next Online HRCI Certification Exam Prep Class will be in February 2022. Watch your email for details!

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BUILD IT AND THEY WILL COME – AND STAY! By LEEANN BAILES FOSTER

QUESTION FOR YOU TO THINK ABOUT: Are you building a bird cage or a bird feeder? Stay tuned in. I’ll explain this question at the end of the article.

Many, many years ago I learned this valuable lesson: Don’t worry about things you have under control because you have them under control. Don’t worry about things you can’t control because you can’t do anything about them anyway. Guess what the #1 problem the Team Foster Strategy LLC clients are currently dealing with. Yes, you guessed it! Filling positions with competent, hard-working, and well-behaving employees. As you well know, we have a nationwide problem. Many pre-pandemic employees are not returning to work. We can’t control that. But – we can control attracting ‘blue chip’ applicants and building an organization that no one wants to leave. Here’s the objective: Align all company programs, policies, practices, and procedures to build an organization that, if it existed, would put you out of business. Let’s make work so good that they will not leave to make more money and they will encourage others to join the team.

HOW DO WE DO THIS? It starts with a SMILE . Train leaders to smile at employees. Try this exercise to raise awareness: Each day put 10 pennies in your right pocket. Each time you smile at an employee, move a penny from the right pocket to the left pocket. If you end the day with an empty right pocket, treat yourself to a Frosty on the way home! Smiles are contagious. Spread the joy. You can control this.

Next, SHOW YOU CARE! Four of the most important words an employee can hear are, “I care. You matter.” The importance of recognition must not be overlooked. Review your recognition program. Team Foster Strategy LLC calls this program the “Ovation Program”. Give them standing ovations every chance you get. Revamp your program if needed. Be sure to show you care in meaningful and authentic ways. Kindness goes a long way towards earning the trust and loyalty of our employees. 44

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BRING AWESOME TO

Third,

SOMETHING WORK. How

about a puppy? a dozen hot, fresh donuts? babies or children? a local celebrity? Surprise the team with something that will immediately lift their spirits. However, please check the company policies first to ensure what you plan to bring is allowed.

Fourth, EMPOWER A FUN COMMITTEE. At a national manufacturing company where I once worked, we placed “Swear Jars” in the breakrooms or Human Resources Departments of each plant. When an employee used profanity, he was fined $1.00. Leaders were fined $5.00 and executives $20.00. We used the money to pay for quarterly fun activities at each location. I am happy to report I learned during a team meeting that the swear jars were not producing as much money. (Thankfully the swearing had almost ceased!) We had to find another way to fund the events planned by the Fun Committee.

Fifth, PLAY TOGETHER . Place board games in the breakroom or plan Game Night after work once per month serving pizza and playing games. Start a company Athletic Department. Sign up for volleyball, softball, soccer, bowling, etc. leagues in the community. Doing so will breakdown silos formed by departments. Company spirit will increase. Incentivize employees to attend games and cheer for their co-workers.

Sixth, GO OUTSIDE. Set a goal to have as many meetings as possible outside and on the move. Moving enhances our mood and there are scientific benefits, such as enhancing memory and mental energy, that we get from spending time in nature.

Seventh, VALUE AND DEMONSTRATE SAFETY. Regarding physical safety, show respect for the safety manager and the safety program. Support recommendations and policies. Psychological safety is important, also. Whether you’re a manager or a leader without a title, don’t put up with creepy, gross, or bullying behavior. When you see something, say something. People need to feel safe and comfortable before they can experience joy and fulfillment at work.

space where they feel welcome and comfortable and can do their best work. Are the employee restrooms clean and nicely decorated? Putting company funds into the workplace shows respect for the employees. Have a outside person walk your company halls, visit the breakroom, use your restroom, and look around at your landscaping and parking lot. Often times when we see the same sight every day, we suffer from Everyday Blindness. We just don’t notice it anymore. Fresh eyes will help point out changes needed to make your workplace feel fresh, new, and exciting.

So - - remember the bird cage and the bird feeder? Choose to build a bird feeder. Don’t cage employees in. Allow them autonomy to do what you hired them to do. Be consistent and intentional about implementing/sustaining the actions mentioned in this article. The birds will fly away each day to enjoy their families, friends, hobbies, etc. but they will come back to their ‘out-of-this-world’ employer over and over again!

Lastly, BUILD BEAUTIFUL, FUNCTIONAL WORKPLACES. It is important to have beautiful, functional workplaces if your goal is to attract sharp applicants and to keep them. It’s about creating a

When you build this organization, they will come, and they will stay.

Compliance with Compassion…

… using your head, your heart, and your hands to nurture your employees.

TEAM FOSTER HR STRATEGY provides comprehensive human resources consulting services for small to mid-size businesses. Offering turnkey solutions for clients, Team Foster is committed to compliance with compassion. With 30 years of industry experience, LeeAnn excels at relationship management, conflict resolution, and employee engagement. Team Foster works with you to motivate and manage HR issues from the inside out – supporting your existing human resources team and coaching your staff to solve problems with an integrated approach. Team Foster HR helps you build a collaborative corporate culture to further your business goals and strengthen your performance.

LeeAnn B. Foster | Head Coach Leadership & HR Consultant +1 865-719-1177 mobile

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How leaders can use emotional intelligence to connect with all employee types By HARVEY DEUTSCHENDORF

A lot of time, effort and resources have been spent in recent years by organizations in efforts to find ways to motivate employees in order to get them to increase their performance. From foosball to sambuca fountains to games rooms there is constantly something new that organizations are trying to get people to stay. The major problem with blanket perks and benefits is that when it comes to employees, one size doesn’t fit all. Every employee is different and what motivates and drives one may not work for another. There are also numerous personality tests that are done during staff retreats. Valuable information regarding staff can be obtained from these. Unfortunately, there is often no follow up and the information is forgotten shortly after the retreat. Whether someone is highly extroverted, introverted, likes to work alone or loves to be part of a team, leaders who are take the time, interest and effort to get to know their employees are well positioned to get their best effort.

Here are some ways leaders can get to know their people at a deeper level While personality tests are often carried out during retreats and as fun, team building exercises, they can be beneficial if used to try and understand employees and leverage their individual styles. The major benefit is that they can be an opening for emotionally intelligent leaders to learn more about their people. The caveat is that the leader must make it perfectly clear that all styles are equal, welcome and will lead to a stronger team and organization. The person who hates to be micromanaged and enjoys working alone, has just as important a role as the extrovert who loves attention and wants to be surrounded by others. Leaders can follow up after the tests to see how their employees see these traits playing out in the workplace. It is also an opportunity for leaders to get to know their people on a deeper personal level. Areas to explore would be their favorite parts of the job as well as the parts that they dread the most.

To get their staff to be more open and build the trust that is needed for their staff to share, leaders need to model the behavior they are seeking. They can start by being honest, open and transparent about their own traits, likes, dislikes and how they best like to be approached. In my book, The Other Kind of Smart, I offer examples of how leaders were able to build trust and sharing. It is crucial that leaders who are able to fully engage all types of staff learn how to become excellent listeners. The fifth of Stephen Covey’s Seven Habits of Highly Effective People is “Seek first to understand, then to be understood.” Most people listen to respond, rather than to hear what is really being said. Emotionally intelligent leaders continuously strive to listen to understand. 46

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Large numbers of staff and new members continuously being onboarded make it more difficult for leaders to learn about individual preferences and get to know their people at a deeper level. Leaders can use portions of staff meetings to share personal information. To do this they need to take the lead, take some risk and be open and vulnerable with their own sharing. Staff should never feel that they have to share more than they are willing to or comfortable with. In order to keep track of preferences of a lot of staff, especially ones that have not been there long, leaders can record relevant information that they can use to make to help them slot people into teams and assign work. As work needs to be done, deadlines met and new projects are taken on, it will not always be possible to put people in areas that they prefer and will take advantage of their skill sets. For example, a particular employee is very independent, productive, but prefers to work alone. The organization takes on a new project that needs all “hands on board” working closely as a team. Knowing that this person works better and prefers to work alone, the leader approaches him/ her and first acknowledges his/her preference, but is told that the project needs his input during this time. By first acknowledging the person’s preference, the chances of getting their buy in to the project go up substantially.

Giving recognition is another area that it becomes important to know someone’s preference. The loud extrovert who loves attention may welcome public recognition, while the introvert may be very uncomfortable and prefer to be recognized privately. This is an area that an emotionally intelligent leader needs to get right as recognition given in the wrong manner could defeat the purpose and turn the receiver off. If the leader isn’t sure they could check with coworkers, past employers or anyone that knows the person well.

Everyone loves to be recognized and appreciated for who they are and the unique attributes and skills they bring to work. Leaders who make the effort to go the extra mile to do this will be rewarded with increased loyalty, less absenteeism and a happier, more productive workplace.

Harvey Deutschendorf is an emotional intelligence

expert, internationally published author and speaker. To take the EI Quiz go to theotherkindofsmart.com. His book THE OTHER KIND OF SMART, Simple Ways to Boost Your Emotional Intelligence for Greater Personal Effectiveness and Success has been published in 4 languages. Harvey writes for FAST COMPANY and has a monthly column with HRPROFESSIONALS MAGAZINE. You can follow him on Twitter @theeiguy.

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November 2021 Issue of HR Professionals Magazine

Articles inside

How Leaders Can Use Emotional Intelligence to Connect with All Employee Types

SHRM Study Finds Employer-Provided Benefits Have Dramatically Changed and Expanded During COVID-19 Pandemic

In Memory of SHRM Volunteer Leader Ed Carpenter, SHRM-SCP

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OSHA’s Upcoming Regulations Under Biden’s COVID-19 Plan

The Process of Preparing Future HR Leaders

SHRM Georgia State Council Announces Awards Recognition Program Recipients for 2021

NLRB Announces Appointment of Five Regional Directors

Arkansas Seeks to Amend President’s Mandate

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